Domestic Relations Case Procedure Act

The provisions of Article 49, paragraphs (4) and (5) apply mutatis mutandis when a petition for appeal is in violation of paragraph (2), and the provisions of Article 137-2, paragraphs (1) through (6) of the Code of Civil Procedure apply mutatis mutandis when fees for filing an immediate appeal are not paid pursuant to the provisions of the Act on the Costs of Civil Proceedings, respectively.

Except as otherwise provided, with regard to an immediate appeal filed against a ruling and the proceedings in the instance of the appeal, the provisions of Subsections 1 through 8 of the preceding Section (excluding the provisions of Article 40, Article 41, paragraph (4), Article 42, paragraph (6), Article 43, paragraph (2), Article 44, paragraph (2), Article 47, paragraphs (8) through (10) (including the cases applied mutatis mutandis pursuant to Article 47-2, paragraph (5)), Article 48, Article 49, paragraph (6), Article 66, Article 67, paragraph (4), the proviso to paragraph (2) and paragraphs (4) and (5) of Article 74, the proviso to Article 76, paragraph (1), Article 77, paragraphs (3) through (5), Article 78, paragraph (4), Article 81, paragraph (3), and Article 83), the provisions of Section 4 (excluding the provisions of Article 105, paragraph (2), Article 110, Article 111, and Article 113), and the provisions of the following Chapter (excluding the provisions concerning the jurisdiction of a family court and an immediate appeal) apply mutatis mutandis. In this case, the phrase "a ruling against which an immediate appeal may be filed" in Article 78, paragraph (1), item (ii) is deemed to be replaced with "judicial decision in lieu of a ruling against which an immediate appeal may be filed on the assumption that it is a ruling by a family court".

The provisions of Article 86, paragraph (2), Articles 87 through 89, Article 91, paragraph (1), and Article 93 apply mutatis mutandis to a special appeal and proceedings in the instance of the appeal. In this case, the phrase "and paragraph paragraphs (4) and (5)" in Article 87, paragraph (6) is deemed to be replaced with "through paragraph (6)paragraphs (4) through (6)", and the phrase "Article 137-2, paragraphs (1) through (6)" is deemed to be replaced with "Article 137-2".

Notwithstanding the provisions of Article 47, paragraph (3), (including the cases applied mutatis mutandis pursuant to Article 47-2, paragraph (5)), when a party files a petition for permission under the provisions of Article 47, paragraph (1) or (2) of theor Article 47-2, paragraphs (1) through (3) with regard to a case for a provisional order prior to a ruling, the family court (or a high court in the case set forth in Article 105, paragraph (2)) may grant permission only when it finds it to be appropriate and only before it gives notice to a person who is to be subject to adjudication in the case for a provisional order prior to a ruling, of the fact that the case is now pending before it, or gives notice of a provisional order prior to a ruling.

(Preparation of Electronic Records)

A court clerk must prepare records, as provided by the Rules of the Supreme Court, prepare an electronic record regarding a date for proceedings for a provisional order prior to a ruling; provided, however, that this does not apply if the presiding judge finds it to be unnecessary to prepare the records.

In proceedings for a ruling of the designation of a person who has parental authority, the family court may specify a reasonable period and order the petitioner to submit, within that period, a document or electronic or magnetic record certifying that the parents have divorced.

In the case referred to in the preceding paragraph, if the petitioner does not submit the document or electronic or magnetic record prescribed in that paragraph within that period, the family court may dismiss the petition for a ruling of the designation of a person who has parental authority.

The provisions of Article 49, paragraphs (3) through (6)(7) and Article 50 apply mutatis mutandis to the statement set forth in the preceding paragraph. In this case, the term "paragraph (2)" in Article 49, paragraph (4) is deemed to be replaced with "Article 201, paragraph (5)".

When making a ruling of acceptance of the statement set forth in paragraph (5), a family court must include such fact in the written statement, as provided by the Rules of the Supreme Court, prepare an electronic or magnetic record to that effect and record it in a file. In this case, the ruling becomes effective ifat the fact is included in the written statementtime the electronic or magnetic record is recorded in the file.

(Preparation of Electronic Records)

A court clerk must prepare a an electronic record regarding the probate of a will, etc. (meaning a will, etc. prescribed in Article 1004, paragraph (1) of the Civil Code; the same applies in the following Article), as provided by the Rules of the Supreme Court.

(Preparation of Electronic Records)

A court clerk must prepare a, as provided by the Rules of the Supreme Court, prepare an electronic record regarding a date for proceedings for mediation of domestic relations; provided, however, that this does not apply if the presiding judge finds it to be unnecessary to prepare the record.

(Inspection of Records, etc.), etc. of a Hard-Copy Record of a Case for Mediation of Domestic Relations

A party or a third party who has made a prima facie showing of interest may, with permission from the family court, make a request to a court clerk for the inspection or copying of, or the issuance of an authenticated copy, transcript or extract of, a hard-copy record of a case for mediation of domestic relations, or for the issuance of a certificate of matters concerning a case for mediation of domestic relations (meaning the part of the record of a case for mediation of domestic relations excluding the electronic or magnetic record of a case for mediation of domestic relations prescribed in paragraph (1) of the following Article; the same applies hereinafter in this Article).

The provisions of the preceding paragraph do not apply to a audio tape, etc. in a hard-copy record of a case for mediation of domestic relations which is prepared in the form of audiotapes or videotapes (including objects on which certain matters are recorded by any means equivalent thereto). In this case, a party or a third party who has made a prima facie showing of interest may, with the permission of the family court, make a request to a court clerk for the reproduction of these objects.

Notwithstanding the provisions of paragraph (1)paragraphs (1) and (2), a party may make a request to a court clerk for the issuance of the following documents, without permission from the family court:, without permission from the family court, for the inspection or copying of, the issuance of an authenticated copy, transcript or extract of, or the reproduction of, a paper document, etc. or audio tape, etc. that the party has submitted, in a hard-copy record of a case for mediation of domestic relations. The same applies to the paper document or recording medium in the case where, with regard to the matters set out in paragraph (4), item (iii) or (iv) of the following Article, a measure has been taken to output the contents onto a paper document or to record them on another recording medium pursuant to the provisions of Article 133-2, paragraph (5) of the Code of Civil Procedure as applied mutatis mutandis by replacing certain terms and phrases pursuant to Article 38-2.

an authenticated copy, transcript or extract of a written ruling or any other written judgment;

an authenticated copy, transcript or extract of a record which states an agreement reached through mediation, or states to the effect that the court has closed the case while deciding not to conduct a mediation or considering that mediation has been unsuccessful; and

a certificate of matters relating to a case for mediation of domestic relations.

A request for the inspection, copying or reproduction of a hard-copy record of a case for mediation of domestic relations may not be made if these acts would interfere with the preservation of the hard-copy record of thea case for mediation of domestic relations or with the performance of the duties of the court or mediation committee.

A party or a third party who has made a prima facie showing of interest may, with permission from the family court, make a request to a court clerk, as provided by the Rules of the Supreme Court, for the inspection of the contents of an electronic or magnetic record of a case for mediation of domestic relations (meaning the part of the record of a case for mediation of domestic relations that relates to matters recorded in a file pursuant to the provisions of this Act or other laws and regulations; the same applies hereinafter in this Article) displayed by the method specified by the Rules of the Supreme Court.

A party or a third party who has made a prima facie showing of interest may, with permission from the family court, make a request to a court clerk for the copying of the matters recorded in an electronic or magnetic record of a case for mediation of domestic relations, as provided by the Rules of the Supreme Court, by a method of recording them in a file kept on the computer used by that person using the Electronic Data Processing System specified by the Rules of the Supreme Court, or by any other method specified by the Rules of the Supreme Court.

A party or a third party who has made a prima facie showing of interest may, with permission from the family court, make a request to a court clerk, as provided by the Rules of the Supreme Court, for the issuance of a paper document stating all or part of the matters recorded in an electronic or magnetic record of a case for mediation of domestic relations, for which the court clerk has certified, by the method specified by the Rules of the Supreme Court, that the contents of the paper document are identical to the matters recorded in the electronic or magnetic record of a case for mediation of domestic relations, or for the provision of an electronic or magnetic record recording all or part of those matters, for which the court clerk has certified, by the method specified by the Rules of the Supreme Court, that the contents of the electronic or magnetic record are identical to the matters recorded in the electronic or magnetic record of a case for mediation of domestic relations, by a method of recording it in a file kept on the computer used by that person using the Electronic Data Processing System specified by the Rules of the Supreme Court, or by any other method specified by the Rules of the Supreme Court.

With regard to the part of an electronic or magnetic record of a case for mediation of domestic relations that relates to the following matters, a party may, notwithstanding the provisions of the preceding three paragraphs, make a request to a court clerk, without permission from the family court, for the inspection, etc. of an electronic or magnetic record of a case for mediation of domestic relations (meaning the inspection under the provisions of paragraph (1), the copying under the provisions of paragraph (2), or the issuance of a paper document or the provision of an electronic or magnetic record under the provisions of the preceding paragraph; the same applies in the following paragraph and paragraph (6)):

the matters recorded in an electronic written ruling prescribed in Article 76, paragraph (1) as applied mutatis mutandis pursuant to Article 258, paragraph (1) (limited to one recorded in a file pursuant to the provisions of Article 76, paragraph (3)) or in an electronic written order (meaning an electronic or magnetic record prepared pursuant to the provisions of Article 76, paragraphs (2) and (3) as applied mutatis mutandis pursuant to Article 81, paragraph (1) as applied mutatis mutandis pursuant to Article 258, paragraph (1) and recorded in a file; the same applies in Article 269, paragraph (2));

the matters recorded in an electronic record that records an agreement reached through mediation, or records to the effect that the court has closed the case while deciding not to conduct a mediation or considering that mediation has been unsuccessful;

the matters that that party has recorded in a file, using the Electronic Data Processing System specified by the Rules of the Supreme Court, pursuant to the provisions of this Act or other laws and regulations;

the matters entered or recorded in a paper document, etc. or recording medium submitted by that party, in the case where such matters have been recorded in a file pursuant to the provisions of Article 132-12, paragraph (1) of the Code of Civil Procedure as applied mutatis mutandis by replacing certain terms and phrases pursuant to Article 38, paragraph (1), or pursuant to the provisions of Article 132-13 of that Code as applied mutatis mutandis by replacing certain terms and phrases pursuant to Article 38, paragraph (2).

The provisions of paragraph (3) of the preceding Article apply mutatis mutandis to a petition for permission for the inspection, etc. of an electronic or magnetic record of a case for mediation of domestic relations, and the provisions of paragraph (5) of that Article apply mutatis mutandis to a request for the inspection and copying of an electronic or magnetic record of a case for mediation of domestic relations, respectively.

When a petition for permission for the inspection, etc. of an electronic or magnetic record of a case for mediation of domestic relations is filed by a party in a mediation case regarding the matter prescribed in Article 277, paragraph (1), the provisions of Article 47, paragraphs (3), (4), and (8) through (10) apply mutatis mutandis.

A party may make a request to a court clerk, as provided by the Rules of the Supreme Court, for the issuance of a paper document stating matters concerning a case for mediation of domestic relations, for which the court clerk has certified those matters by the method specified by the Rules of the Supreme Court, or for the provision of an electronic or magnetic record recording those matters, for which the court clerk has certified those matters by the method specified by the Rules of the Supreme Court, by a method of recording it in a file kept on the computer used by that person using the Electronic Data Processing System specified by the Rules of the Supreme Court, or by any other method specified by the Rules of the Supreme Court.

A third party who has made a prima facie showing of interest may, with permission from the family court, make a request to a court clerk under the provisions of the preceding paragraph.

When a petition for permission under the provisions of the preceding paragraph is filed by a third party who has made a prima facie showing of interest, the family court may grant permission thereto when it finds it to be appropriate.

The provisions of Article 49, paragraphs (3) through (6)(7) and Article 50 (excluding the proviso to paragraph (1)) apply mutatis mutandis to a petition for mediation of domestic relations. In this case, the term "paragraph (2)" in Article 49, paragraph (4) is deemed to be replaced with "Article 255, paragraph (2)".

When a mediation committee conducts proceedings for mediation of domestic relations, the power of the presiding judge in relation to the appointment, etc. of a counsel under the provisions of Article 23, paragraphs (1) and (2), the designation of a date for proceedings under the provisions of Article 34, paragraph (1), and the preparation of aan electronic record under the provisions of the proviso to Article 253 is exercised by a judge who composes the mediation committee.

The provisions of Article 58, paragraphs (3) and (4)through (5) apply mutatis mutandis to the investigation of facts and the diagnosis of the physical and mental condition of the person under the provisions of the preceding paragraph.

When an agreement is reached between the parties at mediation, and included in a recordthe court clerk prepares an electronic record regarding the agreement and records it in a file, mediation will become successful, and the entryrecord has the same effect as a final and binding judgment (with regard to the matters set forth in Appended Table 2, a final and binding ruling under the provisions of Article 39).

An electronic record recorded in a file pursuant to the provisions of paragraph (1) must be sent to the parties.

(Order of the Correction of Electronic Records of Mediation)

If there is a miscalculation, clerical error, or any other clear error similar thereto in the record of a mediationcontents of an electronic record recorded in a file pursuant to the provisions of paragraph (1) of the preceding Article, a family court may, upon petition or by its own authority, make a ruling of correction at any time.

A ruling of correction must be made by preparing a written judgment, as prescribed by the Rules of the Supreme Court, by preparing an electronic written order.

When it is found to be difficult for a party to appear due to living in a remote place or on any other groundsone of the parties to appear, if the party has submitted a document stating that the party accepts the proposed terms of mediation presented in advance by a mediation committee (if the proceedings for mediation of domestic relations are conducted by a sole judge, the judge; the same applies in the following paragraph, the following Article and Article 272, paragraph (1)), and the other party has appeared on a date for the proceedings for mediation of domestic relations and accepted the proposed terms for mediation, it is deemed that both parties have reached an agreement.

When it is found to be difficult for both parties to appear, if both parties have submitted a document stating that they accept the proposed terms of mediation presented in advance by the mediation committee with the date and time at which mediation is to be successful specified, and that date and time has passed, it is deemed that an agreement has been reached between the parties at that date and time.

The provisions of the preceding paragraphtwo paragraphs do not apply to a mediation case regarding divorce or dissolution of an adoptive relationship.

The provisions of Article 82, paragraphs (3) and (4), and the provisions of Article 261, paragraphs (3) and (4) and Article 262, paragraph (1) of the Code of Civil Procedure apply mutatis mutandis to the withdrawal of a petition for mediation of domestic relations. In this case, the phrase "the proviso to the preceding paragraph, Article 153 (including as applied mutatis mutandis pursuant to Article 199, paragraph (1)), and Article 199, paragraph (2)" in Article 82, paragraph (3) is deemed to be replaced with "Article 273, paragraph (2)"; and the phrase "date for oral arguments, preparatory proceedings, or settlement (referred to below as a "proceeding date" in this Chapter)" in Article 261, paragraph (4) of that Code is deemed to be replaced with "date for proceedings for mediation of domestic relations"; the term "electronic record" in that paragraph is deemed to be replaced with "record"; and the phrase "must record" in that paragraph is deemed to be replaced with "must enter".

For the purpose of the application of the provisions of this Part in cases where a high court conducts mediation by itself pursuant to the provisions of paragraph (3): in the provisions of Article 244, Article 247, Article 248, paragraph (2), Article 254, paragraphs (1) through (4), Article 254-2, paragraphs (1) through (4), Article 254-3, paragraphs (2) and (3), Article 264, paragraph (2), Article 266, paragraph (4), the proviso to Article 268, paragraph (3), Article 269, paragraph (1), and the proviso to paragraph (1) and paragraph (2) of Article 272, as well as the provisions of the following Chapter and Chapter III, the term "family court" is deemed to be replaced with "high court"; in Article 244, Article 258, paragraph (1), Article 276, Article 277, paragraph (1), item (i), Article 279, paragraph (3), and Article 284, paragraph (1), the term "ruling" is deemed to be replaced with "judicial decision in lieu of a ruling"; in Article 267, paragraph (1), the term "a family court" is deemed to be replaced with "a high court"; in the provisions of the following Chapter, the phrase "ruling equivalent to an agreement" is deemed to be replaced with "judicial decision in lieu of a ruling equivalent to an agreement"; in the proviso to Article 272, paragraph (1) and the provisions of Chapter III (excluding the provisions of Article 286, paragraph (7)), the phrase "ruling in lieu of mediation" is deemed to be replaced with "judicial decision in lieu of a ruling in lieu of mediation"; and in Article 281 and Article 287, the phrase "ruling to dismiss" is deemed to be replaced with "judicial decision in lieu of a ruling to dismiss".

The agreement set forth in item (i) of the preceding paragraph may not be reached by the method prescribed in Article 54, paragraph (1) as applied mutatis mutandis pursuant to Article 258, paragraph (1), and in Article 270, paragraph (1)paragraphs (1) and (2); provided, however, that this does not apply where it is done by a method by which the family court and both parties are able to converse while mutually recognizing each other's condition through video and audio transmissions.

(Examination of the Status of Performance of Obligations, and Performance Recommendations), by a Family Court

A family court that has made a ruling under the provisions of Article 39 to impose an obligation on a person (if the court in charge of an appeal has made a judicial decision to impose an obligation on a person under the provisions of Article 91, paragraph (1) (including the cases where applied mutatis mutandis pursuant to Article 96, paragraph (1) and Article 98, paragraph (1)), the family court that is the court of first instance; and if a high court has made a judicial decision to impose an obligation on a person pursuant to the provisions of Article 105, paragraph (2), the family court that is the court of first instance of the case for adjudication of domestic relations on the merits; the same applies hereinafter) may, upon the request of an obligee, examine the status of the performance of the obligation determined by the ruling (if the court in charge of an appeal or a high court has made a judicial decision to determine an obligation, by the judicial decision; the same applies in paragraph (1) of the following ArticleArticle 290, paragraph (1)), and recommend an obligor to perform the obligation.

A family court that has made a ruling under the provisions of Article 39 to impose an obligation on a person as well as a family court that has been commissioned to conduct an examination and make a recommendation under the provisions of the preceding paragraph (these family courts are referred to as a "family court responsible for examination and recommendation" in the following paragraph through paragraph (6)this Article through Article 289-4) may have a family court investigating officer conduct the examination and make the recommendation under the provisions of paragraph (1).

When a person concerned with a case subject to examination and recommendation under the provisions of paragraph (1) makes a request for the inspection of a record, etc. or reproduction of a record of the case, the family court responsible for examination and recommendation may permit the inspection, etc. or reproduction when it finds it to be appropriate.

The provisions of the preceding paragraphs apply mutatis mutandis to the performance of an obligation imposed on a person by mediation or by a ruling in lieu of mediation (including an obligation imposed on a person by a high court; the same applies in paragraph (3) of the following Article) and the performance of matters ordered as a disposition prior to mediation.

A person concerned (meaning a person concerned with a case subject to examination and recommendation under the provisions of paragraph (1) of the preceding Article; the same applies in this Article through Article 289-4) may, with permission from the family court responsible for examination and recommendation, make a request to a court clerk for the inspection or copying of, or the issuance of an authenticated copy, transcript or extract of, a hard-copy case record for a case subject to examination and recommendation (meaning the part of the record of a case subject to examination and recommendation under the provisions of paragraph (1) of the preceding Article excluding the electronic or magnetic case record for a case subject to examination and recommendation prescribed in paragraph (1) of the following Article; the same applies in the following paragraph and paragraph (4)).

The provisions of the preceding paragraph do not apply to audio tape, etc. in a hard-copy case record for a case subject to examination and recommendation. In this case, a person concerned may, with permission from the family court responsible for examination and recommendation, make a request to a court clerk for the reproduction of these objects.

When a petition for permission under the provisions of the preceding two paragraphs is filed by a person concerned, the family court responsible for examination and recommendation may grant the permission when it finds it to be appropriate.

The provisions of Article 47, paragraph (6) apply mutatis mutandis to a request under the provisions of paragraphs (1) and (2), and the provisions of paragraph (7) of that Article apply mutatis mutandis to a request for the inspection, copying or reproduction of a hard-copy case record for a case subject to examination and recommendation, respectively.

A person concerned may, with permission from the family court responsible for examination and recommendation, make a request to a court clerk, as prescribed by the Rules of the Supreme Court, for the inspection of the contents of an electronic or magnetic case record for a case subject to examination and recommendation (meaning the part of the record of a case subject to examination and recommendation under the provisions of Article 289, paragraph (1) that pertains to matters recorded in a file pursuant to the provisions of this Act or other laws and regulations; the same applies in the following paragraph and paragraph (3)) displayed by the method prescribed by the Rules of the Supreme Court.

A person concerned may, with permission from the family court responsible for examination and recommendation, make a request to a court clerk, as prescribed by the Rules of the Supreme Court, for the copying of the matters recorded in the electronic or magnetic case record for a case subject to examination and recommendation by recording them in a file provided in the computer used by that person using the Electronic Data Processing System prescribed by the Rules of the Supreme Court, or by any other method prescribed by the Rules of the Supreme Court.

A person concerned may, with permission from the family court responsible for examination and recommendation, make a request to a court clerk, as prescribed by the Rules of the Supreme Court, for the issuance of a document stating all or part of the matters recorded in the electronic or magnetic case record for a case subject to examination and recommendation, for which the court clerk has certified, by the method prescribed by the Rules of the Supreme Court, that the contents of the document are identical to the matters recorded in the electronic or magnetic case record for a case subject to examination and recommendation, or for the provision of an electronic or magnetic record in which all or part of those matters are recorded, for which the court clerk has certified, by the method prescribed by the Rules of the Supreme Court, that the contents of the electronic or magnetic record are identical to the matters recorded in the electronic or magnetic case record for a case subject to examination and recommendation, by recording it in a file provided in the computer used by that person using the Electronic Data Processing System prescribed by the Rules of the Supreme Court, or by any other method prescribed by the Rules of the Supreme Court.

When a petition for permission under the provisions of the preceding three paragraphs is filed by a person concerned, the family court responsible for examination and recommendation may grant the permission when it finds it to be appropriate.

The provisions of Article 47-2, paragraph (4) (excluding the part pertaining to item (i)) apply mutatis mutandis to a request under the provisions of paragraphs (1) through (3), and the provisions of Article 47, paragraph (7) apply mutatis mutandis to a request under the provisions of paragraphs (1) and (2), respectively.

A person concerned may, with permission from the family court responsible for examination and recommendation, make a request for the issuance of a document stating matters regarding a case subject to examination and recommendation under the provisions of Article 289, paragraph (1), for which a court clerk has certified those matters by the method prescribed by the Rules of the Supreme Court, or for the provision of an electronic or magnetic record in which those matters are recorded, for which a court clerk has certified those matters by the method prescribed by the Rules of the Supreme Court, by recording it in a file provided in the computer used by that person using the Electronic Data Processing System prescribed by the Rules of the Supreme Court, or by any other method prescribed by the Rules of the Supreme Court.

When a petition for permission under the provisions of the preceding paragraph is filed by a person concerned, the family court responsible for examination and recommendation may grant the permission when it finds it to be appropriate.

The provisions of Article 289 through the preceding Article apply mutatis mutandis to the performance of obligations determined in mediation or a ruling in lieu of mediation (including those determined by a high court; the same applies in paragraph (3) of the following Article) and the performance of matters ordered as a disposition prior to mediation.